Portable Data Storage Device Patent Unpatentable Under 35 U.S.C. § 101

In a final written decision, the Board found a claim of a portable data storage device patent unpatentable under 35 U.S.C. § 101. "[T]he ’458 patent discusses addressing recording industry concerns of data pirates offering unauthorized access to widely available compressed audio recordings. The ’458 patent proposes to solve this problem by restricting access to data on a device based upon satisfaction of use rules linked to payment data. As Petitioner notes, the ’458 patent makes clear that the claimed subject matter is directed to paying for data and providing access to data. Although the specification discusses data piracy on the Internet, the challenged claims are not limited to the Internet. The underlying concept of the challenged claims, particularly when viewed in light of the ’458 patent specification, is controlling access to content, as Petitioner contends. As discussed further below, this is a fundamental economic practice long in existence in commerce."

Petition for Covered Business Method Patent Review by Samsung Electronics America, Inc., CBM2014-00192 (PTAB March 30, 2016, Order) (Plenzler, APJ)